What's happening
This bill directs the New York State Committee on Open Government to study and recommend proactive disclosure of government records to increase transparency.
Why it matters
Could lead to easier and faster public access to government records. by shifting the burden from individuals having to request information to agencies making information available by default.
May identify cost savings or efficiencies. for government agencies by reducing the volume of individual Freedom of Information Law (FOIL) requests and streamlining document management practices.
Could result in stronger government accountability and transparency. if agencies are required to proactively release information, making it harder to hide or delay access to public records.
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Who cares
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Study Government Info Disclosure
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Study Government Info Disclosure
In Senate Committee · Investigations And Government Operations · Sponsor Brian Kavanagh
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1846
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT in relation to authorizing and directing the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings. The legislature finds that the current freedom of information law, enacted in 1977, has served as a critical vehicle under which the public has gained access to records of state and local governmental entities. The legislature further finds that the freedom of information law places the burden on the individual to request information from an agency, but that the use of current information technology, combined with a commitment to proactive disclosure, has the potential to provide information to the public to an even greater degree than does the current law.
§ 2. The New York state committee on open government is hereby authorized and directed to: (a) study the feasibility of requiring agencies, as defined in subdivision 3 of section 86 of the public officers law, to proactively disclose documents that are available under article 6 of the public officers law; (b) make specific findings and legislative recommendations relating to mandatory proactive disclosure by agencies; (c) estimate the costs or savings of proactive disclosure; and (d) report its findings to the governor, the temporary president of the senate and the speaker of the assembly no later than January 31, 2020.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00813-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to authorizing and directing the committee on open government to study proactive disclosure as a means of increasing transparency and access to government information
Purpose
To authorize the State Committee on Open Government to conduct a feasibility study on requiring state and municipal agencies to proactively disclose documents that are available under Article 6 of the public officers law.
Summary of provisions
Section 1 sets forth the legislative findings and intent, section 2 authorizes the New York State Committee on Open Government to study and report on the following:
*The feasibility of requiring agencies as defined in subdivision 3 of section 86 of the public officer's law to proactively disclose documents available under Article 6 of the public officer's law.
*Specific findings and legislative recommendations relating to mandatory proactive disclosure by agencies.
*Estimated costs or savings of proactive disclosure. Requires a report to the Governor, Temporary president of the Senate and Speaker of the Assembly no later than January 31, 2020.
Existing law
Article 6 of the Public Officers law set forth the Freedom of Information Law.
Justification
As information technology throughout the world continues to develop by leaps and bounds, the availability and ease of retrieval of information of information of all types has become more and more effortless.
The goal of the original Freedom of Information Law (FOIL) was to promote the public good by disclosing information as widely as possible and without impediment, but it has its limitations because of the burden that it places on the public to make requests for information. While some state and local records are already available electronically, this information has been made public in a haphazard and uncoordinated fashion.
The Legislature, through this bill, has the opportunity to study the feasibility of requiring agencies to pro actively disclose information in a responsible, comprehensive, coordinated, cost effective fashion. It requires the Committee on open Government to develop a plan for mandatory proactive disclosure which will allow for the utilization of the new technology to allow a secure conduit for the public to access vital public information and documents that are available under the public officers law.
Legislative history
2016: S188A - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2015: S188 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS 2013-2014: S236A/A4364A - REFERRED TO IGOV 2011-2012: S88A/A2251A - ADVANCED TO THIRD READING 2009-2010: S.3530A/A.7399A - PASSED SENATE FISCAL IMPLICATIONS :
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.